Canadian Centre for Elder Law A Practical ... - Your Legal Rights

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!Disclosure is made to a person who needs the information because of an emergencythat threatens the life, health or security of an individual and, if the individual whomthe information is about is alive, the organization informs that individual in writingwithout delay of the disclosure (s. 7(3)(e)).Nunavut1. Key Legislation• Family Abuse Intervention Act, S.Nu. 2006, c. 18• Family Abuse Intervention Regulations, N.W.T. (Nu) 006-2008 [Family Abuse Reg]• Access to Information a Protection of Privacy Act, S.N.W.T. (Nu) 1994, c. 20[AIPPA]• Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5[Federal Act]2. Definition of Abuse and NeglectThe Family Abuse Intervention Act Act (s. 3) defines family abuse as the following actsor omissions:(a) an intentional or reckless act or omission that causes, or a threatened act oromission to cause(i) injury, or(ii) damage to property in the context of intimidation;(b) an intentional, reckless or threatened act or omission that causes, or aseries of intentional or threatened acts that cause a reasonable fear of(i) injury, or(ii) damage to property in the context of intimidation;(c) sexual abuse, including sexual contact of any kind that is coerced by force orthreat of force;(c.1) sexual abuse of any kind, including sexual exploitation, sexual interference andencouragement or invitation to sexual contact, of a person with a mental or physicaldisability or a child;(d) forced confinement;(e) conduct that reasonably, in all the circumstances, constitutes mental oremotional abuse;(f) an intentional or reckless act or omission that unjustifiably or unreasonablydeprives a person of food, clothing, shelter, medical attention, transportation orother necessities of life;(g) conduct of any kind the purpose of which is to control, exploit orlimit a person's access to financial resources for the purpose ofensuring the person's financial dependency.“Mental or emotional abuse" (s. 1) is:(a) a pattern of behaviour of any kind, including verbal statements, the purpose ofwhich is to deliberately undermine the mental or emotional well-being of a person,! "#!
!3. Principles and Valuesand(b) includes repeated threats made with the intent to cause extreme emotional painto a person, a child of or in the care of a person or a family member of a person.The Preamble to the Family Abuse Intervention Act espouses the following guidingprinciples:Recognizing that the values and cultures of Nunavummiut and the guiding principlesand concepts of Inuit Qaujimajatuqangit reflect the right of every individual inNunavut to a full and productive life, free from harm and fear of harm;Recognizing that family abuse continues to be a serious problem in Nunavut;Stressing the importance of inuuqatigiitsiarniq, which means respecting others,relationships and caring for people, and tunnganarniq, which means fostering goodspirit by being open, welcoming and inclusive;Affirming the commitment of the Government of Nunavut to pijitsirniq, which meansserving and providing for families and communities; andIncorporating and encouraging qanuqtuurniq, which means being innovative andresourceful.4. Responding to Elder Abuse and NeglectThe Family Abuse Intervention Act (s. 2) applies to elder abuse that occurs in thecontext of:(a) a spousal relationship(b) an intimate relationship(c) a family relationship(d) a care relationship.These kinds of relationships are defined very broadly to include relationships by blood,marriage, adoption or dating regardless of whether or not the victim and the abuser livedtogether (s. 2).Under the act (s. 5) it is possible to apply for any of the following orders where familyabuse has occurred:(a) an emergency protection order(b) a community intervention order(c) an assistance order(d) a compensation order.The following people may apply for an emergency protection order, an assistance orderor a compensation order:• victim! "#!
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Page 54 and 55: !Northern Health AuthorityPhone: 25
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Page 66 and 67: !Fredericton Sexual Assault Crisis
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Page 70 and 71: !Hay River: 867-874-7100!Sahtu: 867

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